What if I have no Will?

If you do not have a Will, your estate is “intestate”.  This means that your estate property is distributed according to a list set out legislation.  This list may exclude a same-sex partner.

So, a written Will allows you to distribute your property according to your wishes without having to ‘prove’ a relationship.

And the beneficiaries are …

It is important to think about whom you want your ‘estate’ (i.e. money, property, assets and personal items) to be given to.

Can I ‘dispose’ of my property away in different ways?

Yes, you can give away your property in many ways including: transfers of cash, property, shares, clothes and personal possessions, specific gifts, life interests, legacies and children’s trusts.

What form does a Will take?

Although a Will can be in many forms, it must meet several specific requirements.  Without these it becomes invalid and your estate is intestate.

Some of the formalities include: Your mental ‘capacity’, signatures, proper witnessing.

What else should I think about?

Some other matters to think about are:

• Who will administer (run) my estate and how will they do it?


• Who are the beneficiaries? What happens if they are under 18, or die first?


• Do I want organ donation?


• What kind of funeral ceremony and burial do I want?

And do not forget, please ensure your Will is up-to-date and changed every time something big or important in your life changes.  This includes starting or ending a relationship, having or planning children, and buying or selling significant assets.